The Industrial Commissioner appeals from a determination of the Unemployment Insurance Appeal Board affirming a Referee’s decision which modified the initial determination of the Industrial Commissioner. The Industrial Commissioner originally ordered the claimant to repay $217.50 and penalized him 188 effective days for willfully misrepresenting that he had been totally unemployed for a period of time when in fact he had worked during nine of the weeks for which he had received benefit checks. The Referee modified some findings, reduced the amount to $210 and reduced the penalty to 28 effective days. The facts of claimant’s unemployment and misrepresentation are unimportant since the claimant does not appeal and the Industrial Commissioner challenges not the findings and conclusions of the Referee and Appeal Board but only their power to act. On Hovember 9, 1956, the Industrial Commissioner issued his “initial determination” requiring the refund and assessing the penalty. Claimant did not request a hearing on this determination until February 1, 1957, two days after the Department of Labor notified him that it would commence legal proceedings to recover the amount due. The Referee excused the failure to request a hearing within 20 days on the ground that claimant had, prior to the Hovember 9 determination, “expressed his disagreement with” the initial determination, this expression being “ tantamount to a request for hearing;” the Referee also noted that “ The full consequences of the initial determination were not brought home to claimant until more than 20 days after the mailing
